I Want Clarification

Hi all
At present iam working in IT company. Previously i was working in a manufacturing company. when I got job in IT field at that time i have a leave balance of 24 days. I took leave for two days for my sister marriage (after submitting my resignation) but my VP-HR deducted salary for that two days. As per the rule is this correct.
Pls. senior pls. help me.
Regards.
Suresh N

HI
After submission of resignation...your notice period starts.
During NOTICE period, an employee cannot take leave nor can utilise any of his previous accumulated leave. If at all for any personal reason, one has to take leave during the notice period, then salary will be deducted for those days.
So your VP has deducted the 2 days that you had taken for your sisters marriage.
ambika kamath

dear ambika kamath,
can you kindly elaborate whether this is as per the labour law and is this standard policy maintained in every company. because if employee cannot utilise his accumalted leave then you mean to say all the leave that is accumalted will be forefeited during notice period, pl. calrify.
regards
gururaj.

Hi Ambika ji
But, in tamilnadu shop and establishment act , we can adjust the balance leave against the notice period (i.e. we have a leave balance we can take). Is that act is correct or not. Pls clarify me

Dear Mr Gururaj
I agree with Ambika .The point is your leaves dont get forfeited you can encash your leaves but if you remain absent during the notice period then it will be considered as leave without pay.
As far as my knowledge goes there is no law as such but this kind of a clause is usually included in the appointment letter or confirmation letter
Thanks and Regards
Indrani Chakraborty

Dear All,
leaves dont get forfeited you can encash your earned leaves but if you remain absent during the notice period then it will be considered as leave without pay. There is no such a rule in Labour Laws, only your appointment letter can specify that. If you get sanctioned for that leave before availing, salary may not be deducted by your bosses,Even you can take leave can be adjusted against notice period if you get sanctioned with your boss before, So all will depends upon you & your boss's relationship only.

Dear All
An employee is not barred from taking leave during the currency of his notice period . An employee has right to avail leave hence the employer can not take away such right by declining to grant leave during the notice period of the resigning emplyee. ( Ghanshyam VS. Delhi Metro Rail Corp. 2007. LLR 490. Delhi High Court.)
Mohan.

Naiduaj,
Pls post this on right forum i. e. Performance Management. And you can find a lot on Download section. Pls click on following link:
https://www.citehr.com/download-list...ment&submit=Go
Regards,
Ramzan Sheikh

Leave during notice period cannot be taken as a right since no leave is a right of an employee but it is only a privilege, which can be granted or refused by the competent person. In the same manner, leave during notice period may be refused. It all depends upon the industrial and personnel relations. But leave earned by an employee can be encashed at the time of relieving from office. For better understanding you have to refer Standing Orders of your company framed under the Industrial Emplyment Standing Order Act.
Madhu.T.K